Alok @ Alos Kumar Alias Anoop Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Alok @ Alos Kumar Alias Anoop Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of (quashing prayer not granted) with liberty: (i) to apply for bail before the trial court, to be considered and decided expeditiously in accordance with law; (ii) to move a discharge application if charges have not been framed, to be decided expeditiously; and (iii) expectation that the Police Officer concerned will not take coercive action against the applicants for 30 days from 05.04.2025 or till a bail application is made, whichever is earlier.

Issue for consideration

Whether the entire proceedings of FIR No. 416/2024 (Section 74 BNS), together with the cognizance order dated 16.12.2024 and charge sheet No. 343/2024 dated 21.08.2024, pending before the Civil Judge (JD)/FTC (Women), Hardoi, should be quashed. +1 more

Ratio / Principle

The Court disposed of the application with liberty as prayed for: if the applicants apply for bail before the court concerned, the prayer for bail shall be considered and decided expeditiously in accordance with law.

Key takeaways

Liberty is granted to the applicants to move a discharge application before the court below if charges have not already been framed; such application shall be decided expeditiously in accordance with law, absent any other legal impediment.ratio¶11
Taking note of the Apex Court observations in Satender Kumar Antil and Musheer Alam, the Court observed that the Police Officer concerned is expected not to take any coercive action against the applicants for 30 days from the date of the order or until they apply for bail, whichever is earlier.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 14 (Manish Kumar, J.), order dated 05.04.2025: an application under Section 482 Cr.P.C./528 B.N.S.S. by Alok @ Alos Kumar alias Anoop Kumar seeking quashing of the proceedings of FIR No. 416/2024 (Section 74 BNS) 'State vs. Alok alias Alos Kumar alias Anoop Kumar' pending before the Civil Judge (JD)/FTC (Women), Hardoi, together with the impugned cognizance order dated 16.12.2024 and charge sheet No. 343/2024 dated 21.08.2024, was disposed of (not quashed) with liberty to apply for bail - to be considered and decided expeditiously in view of the law laid down in Satender Kumar Antil v. CBI ((2022) 10 SCR 351 : (2022) 10 SCC 51) and Musheer Alam v. State of U.P. (2025 SCC Online SC 116) - and to file a discharge application, likewise to be decided expeditiously if charges have not been framed and no other legal impediment exists; the Police Officer concerned is expected not to take any coercive action against the applicants for 30 days or until they apply for bail, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:19158

Court No. - 14

Case :- APPLICATION U/S 528 BNSS No. - 239 of 2025

Applicant :- Alok @ Alos Kumar Alias Anoop Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred with a prayer to quash the entire proceedings of FIR no. 416/2024, under Section 74 BNS pending in the court of Civil Judge (JD)/FTC (Women), Hardoi "State vs. Alok alias Alos Kumar alias Anoop Kumar" along with impugned cognizance order dated 16.12.2024 as well as charge sheet No. 343/2024 dated 21.08.2024.

After arguing the matter at some length, Sri Ajay Kumar, learned counsel, holding brief of Sri Rajat Pratap Singh, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC Online SC 116, and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously.

Learned A.G.A has no objection to the prayer made by learned counsel for the applicants.

Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with law.

Liberty is also granted to the applicants to move discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, if there is no any other legal impediment.

Taking note of the facts of the case and also the

observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra) , this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case.

Order Date :- 5.4.2025 Nitesh

Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench